SATISHKUMAR Vs. SRINIVAS AND ORS.

JUDGEMENT

(1.) THE petitioners in both these petitions are the plaintiffs in O.S. No. 17/2008.

(2.) THE plaintiffs have instituted the suit seeking a decree for possession of the suit house described in paragraph 2 of the plaint. The first defendant has opposed the claim of the plaintiffs. In the pending suit, the first defendant has filed I.A. No. 14 seeking that defendants No. 2 and 3 be struck out as they have no interest in the subject matter. The trial Court on consideration of the application has allowed the application. The said order dated 19.02.2013 is assailed in W.P. No. 101706/2013. Though the learned counsel for the plaintiffs contends that the very nature of the pleading would disclose that no cause of action is pleaded against defendants No. 2 and 3, the leave to seek deletion should have been at the instance of defendants No. 2 and 3 and not by defendant No. 1. Therefore, if these aspects of the matter is kept in view, an application in I.A. No. 14 filed by respondent No. 1 would not have been maintainable and therefore the Court below should not have allowed the said application. Accordingly, the order dated 19.02.2013 is set aside. However, liberty is reserved to defendants No. 2 and 3 to file such application if they deem necessary to do so. If such application is filed, the Court below shall consider the same on its merits without being influenced by any observations herein.

(3.) LEARNED counsel for the petitioner would submit that the Court below at the first instance having marked the document subject to objections could have considered that issue only at the time of finally deciding the suit and there was no occasion for the Court below to allow the application by accepting the contention of defendant No. 1 and consider the validity of the document itself at this stage. It is further contended that the conclusion as reached by the Court below is not justified and the manner in which the Court below has construed the document to arrive at a conclusion that the same is to be impounded, is not justified.